FTC regulated: Yes

Valid reasons for FTC use: objective and material reasons

Remarks

No list of specific reasons for resorting to fixed-term contract (art. L41 LC).
However, the use of a FTC to fill in, on a lasting basis, positions connected with the normal and permanent activity of an undertaking is prohibited and such contract would be deemed concluded for a indefinite period (see art. L45 LC).

Maximum number of successive FTCs: 2

Remarks

Art. L 42 (1) LC.
However, art. L42 and L43 LC establish exceptions to this rule for some categories of workers (agricultural workers, dockers, some seasonal workers) which are governed by specific regulations, and for some temporary activities.
In addition FTCs concluded for the execution of a specified piece of work are not renewable (Art. L44 LC).

Maximum cumulative duration of successive FTCs: 48months

Remarks

Art. L42 LC. No worker may conclude more than two FTCs with the same employer or renew a FTC more than once.
Art. L44 (2) LC. An FTC cannot be concluded for more than two years.
This limitation does not apply to FTCs concluded for the execution of a specified piece of work; such contracts are however not renewable.

Maximum probationary (trial) period (in months): 6 months

Remarks

Maximum 6 months including renewal: art. L38 LC.
Art. 11 of the Inter-occupational collective agreement foresees specific trial periods according to the worker's category, as follows:
* 1 month for monthly paid workers, supervisors, technicians and similar workers;
* 3 months for engineers, managers;
* 8 days for workers paid on a hourly or daily basis.
The trial period can be renewed once.

Obligation to provide reasons to the employee: Yes

Remarks

Art. L50 LC

Valid grounds (justified dismissal): any fair reasons

Remarks

- Art. L56 LC: any fair reason
In addition there are some provisions on termination for economic reasons (Art. L60 LC) and summary dismissal for serious misconduct (art. L54LC).

Prohibited grounds: maternity leave, race, sex, religion, political opinion, social origin, trade union membership and activities

Remarks

Art. L56 LC and 7 of the Inter-occupational Collective Agreement on the prohibition of dismissal on the basis of trade union activities and membership, and on the basis of the opinions of the worker.
Art. L143 LC on the prohibition of dismissal during the suspension of the contract due to maternity leave (no reference to prohibition of dismissal on the basis of pregnancy)
Art. L1 (2) LC on the general prohibition of discrimination on the basis of origin, race, sex and religion.

Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave

Remarks

Art. L214-217 LC: mandatory approval by the Labour Inspector prior to any dismissal of a workers' representative and specific remedies for wrongful dismissal.
Art. L143 LC on the prohibition of dismissal during the suspension of the contract due to maternity leave (no reference to prohibition of dismissal on the basis of pregnancy)

Notification to the worker to be dismissed: written

Remarks

Art. L50 LC

Notice period:

Remarks

No specified duration in the Labour Code.
However, art 23 of the Inter-occupational Collective Agreements establishes specific duration of the notice period according to the worker's category.
For non-executive monthly paid workers,the notice period is 1 month.
The duration of the notice period is 3 months for executives and similar workers. For blue collar-workers and permanent staff paid on a hourly, daily or weekly basis, notice period varies according to the worker's category and length of service, as follows:
* Less than one year of service: 8 days (categories 1 to 4) / 15 days (categories 5 to 7)
* From 1 to 5 years of service: 15 days (categories 1 to 4) / 15 days (categories 5 to 7)
* More than 5 years: 1 month (categories 1 to 4) / 1 month (categories 5 to 7)

tenure ≥ 6 months:

  • managerial and similar positions: 3 months.
  • monthly paid workers: 1 months.
  • hourly, daily, weekly paid blue-collar workers (categories 1 to 4): 0.27 months.
  • hourly, daily, weekly paid blue-collar workers (categories 5 to 7): 0.5 months.

tenure ≥ 9 months:

  • managerial and similar positions: 3 months.
  • monthly paid workers: 1 months.
  • hourly, daily, weekly paid blue-collar workers (categories 1 to 4): 0.27 months.
  • hourly, daily, weekly paid blue-collar workers (categories 5 to 7): 0.5 months.

tenure ≥ 2 years:

  • managerial and similar positions: 3 months.
  • monthly paid workers: 1 months.
  • hourly, daily, weekly paid blue-collar workers (categories 1 to 7): 0.5 months.

tenure ≥ 4 years:

  • managerial and similar positions: 3 months.
  • monthly paid workers: 1 months.
  • hourly, daily, weekly paid blue-collar workers (categories 1 to 7): 0.5 months.

tenure ≥ 5 years:

  • managerial and similar positions: 3 months.
  • monthly paid workers: 1 months.
  • hourly, daily, weekly paid blue-collar workers (categories 1 to 7): 1 months.

tenure ≥ 10 years:

  • managerial and similar positions: 3 months.
  • monthly paid workers: 1 months.
  • hourly, daily, weekly paid blue-collar workers (categories 1 to 7): 1 months.

tenure ≥ 20 years:

  • managerial and similar positions: 3 months.
  • monthly paid workers: 1 months.
  • hourly, daily, weekly paid blue-collar workers (categories 1 to 7): 1 months.

Pay in lieu of notice: Yes

Remarks

Art. L53 LC

Notification to the public administration: No

Remarks

Except in case of an individual dismissal based on economic grounds (art. L60 to L62 LC) and any dismissal of a workers' representative (art. L214 LC).

Notification to workers' representatives: No

Remarks

Except in case of an individual dismissal based on economic grounds: art. L60 and 62 LC.

Approval by public administration or judicial bodies: No

Remarks

However, approval is mandatory prior to the dismissal of a workers' representative: art. L214 LC.

Approval by workers' representatives: No

Definition of collective dismissal (number of employees concerned): No legal definition. Specific requirements apply to any economic dismissal of one or more employees.

Remarks

Art. L60 LC refers to any collective or individual dismissal based on economic grounds.

Prior consultations with trade unions (workers' representatives): Yes

Remarks

Art. L60 LC

Notification to the public administration: Yes

Remarks

Art. L60 to L62 LC

Notification to workers' representatives: Yes

Remarks

Art. L60 to L62 LC

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks

Art. L62 LC

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks

Art. L61 LC: With the aim of avoiding redundancy, the employer must consult the staff representatives and ascertain whether other possibilities, such as reduction of working time, training or reassignment of staff may avert the proposed dismissals.

Priority rules for re-employment: Yes

Remarks

Art. L62 LC: priority right to re-employment for 2 years.

Severance pay:

Remarks

No provision in the LC. However, severance pay is governed by art. 30 of the Inter-occupational Collective Agreement:
A worker is entitled to severance pay provided he has been employed continuously for a period of at least one year and he has not committed any serious misconduct. Severance pay corresponds to a percentage of the monthly overall wages per year of service and is set according to the length of service as follows:
*25% per year during the first 5 years
*30% per year during the subsequent 5 years
*40% per year after the tenth year.

tenure ≥ 6 months: 0 months

tenure ≥ 9 months: 0 months

tenure ≥ 1 year: 0.3 months

tenure ≥ 4 years: 1 months

tenure ≥ 5 years: 1.3 months

tenure ≥ 10 years: 2.8 months

tenure ≥ 20 years: 6.8 months

Redundancy payment:

Remarks

Art. L62 LC: when a worker is dismissed on economic grounds, he or she will be entitled to 1 month's gross wages in addition to severance pay.

tenure ≥ 6 months: 1 months

tenure ≥ 9 months: 1 months

tenure ≥ 1 year: 1.3 months

tenure ≥ 2 years: 1.5 months

tenure ≥ 4 years: 2 months

tenure ≥ 5 years: 2.3 months

tenure ≥ 10 years: 3.8 months

tenure ≥ 20 years: 7.8 months

Notes / Remarks

Notes

1) Individual dismissal (non-economic and except for serious misconduct): severance pay.
2) Economic dismissal (individual and collective): redundancy payment = severance pay + 1 month's gross wages.

Compensation for unfair dismissal - free determination by court: Yes

Remarks

Art. L56 LC

Reinstatement available: Yes

Remarks

Art. L217 LC. Reinstatement when a worker's representative has been dismissed without prior authorization from the Labour Inspector.

Preliminary mandatory conciliation: Yes

Remarks

Art. L251 LC: conciliation is part of the procedure to be followed before the labour courts.

Competent court(s) / tribunal(s): labour court

Remarks

Art. L229 LC

Existing arbitration: No